Apartment redevelopment: what is possible and what is not?

Prices for lawyer services in housing disputes

Redevelopment of an apartment in a panel house involves improving the internal structure of residential and non-residential areas, which must be agreed upon and approved by authorized government agencies.

Before carrying out repairs, residents ask themselves the question: what can be changed, and what type of work is prohibited and will lead to trouble? The issue is aggravated by the fact that old buildings differ significantly from new houses, and those activities that are permissible in a new building can lead to disastrous consequences in an old house.

Citizens can make cosmetic repairs in their home at will without restrictions, and events that change the configuration of the home require official permission.

To avoid problems with complaints from neighbors, claims from government agencies, penalties and other liability, it is necessary to legalize all serious manipulations carried out with housing.

Changes to the internal space of housing are considered and approved by the following organizations:

1. Bureau of Technical Inventory (BTI).
2. Housing inspection.
3. Architectural and planning management.
4. Gas service.
5. SES.
6. Housing office.
7. Other structures in special cases.

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Is it possible to remodel a panel house?

The layout of old houses cannot be called ideal; as a rule, the rooms and kitchens in them are small, the corridors are narrow, and the bathrooms are extremely inconveniently located. When planning renovations, residents want to change their living space and make it more comfortable for living. Citizens have every right to change the space within their home, subject to an important condition - it is necessary to obtain permission for redevelopment from government agencies. After agreeing on the planned activities, you can begin to improve the configuration of the space and engage in redevelopment.

To understand whether it is possible to make redevelopment in a panel house and whether it is necessary to legalize it, let’s consider the consequences of unauthorized changes in the plan of a panel house.

If the redevelopment of an apartment in a panel house is carried out without permission, its initiator acquires a number of legal restrictions and may be held liable. A premises in which uncoordinated redevelopment actions and a change in the configuration of residential and non-residential areas were carried out cannot be sold or divided, since the adjustments are not recorded in the BTI documentation. If the home is insured, after illegal redevelopment it is impossible to receive an insurance payment in the event of an insured event. In addition, redevelopment of a panel apartment without permission threatens the life and health of other residents of the panel house, and can lead to elements of the building collapsing and becoming uninhabitable. Updating your living space outside the law can have more serious consequences.

REGISTRATION OF RENOVATIONS IN THE APARTMENT

Before starting redevelopment work

it is necessary to determine the technical feasibility of changes, conduct an instrumental examination of the structures of the house, apartment, and components. After the technical report has been prepared, sections of the detailed project for redevelopment of the apartment are developed: architectural and construction part, metal structures, water supply and sewerage, electricity supply.

After preparing the initial permitting documentation

and drawing up a redevelopment project, documentation is sent to local governments, the District Administration, the Committee on Urban Planning and Architecture, and operating organizations. Based on the developed working documentation of the redevelopment project, the commission makes a decision on approving the redevelopment of the apartment or rejecting the project of changes.

Receiving a refusal from the working commission for redevelopment

, is not a reason to completely stop approval activities; most likely, the design and constructive solutions provided for by the redevelopment project do not comply with regulatory documents and technical regulations.

APPROVAL OF RE-PLANNING IN A PANEL HOUSE

Our company’s engineers will be happy to provide you with services for remodeling an apartment in a panel house.

We are ready to analyze the source documents and the condition of the main supporting structures.

We will conduct a technical inspection of the facility and draw up a project that complies with the current legislation of the Russian Federation.

We will agree on a turnkey project for the redevelopment of an apartment or office, carry out technical supervision of the work performed, if necessary, and put your facility into operation after the redevelopment work.

Specialists will register current layout changes with the State Bureau of Registration of Property Rights to Real Estate (RosReestr).

RESPONSIBILITY FOR AUTHORIZED RENEWAL OF AN APARTMENT

If you do not have the required documentation

to carry out redevelopment work (an apartment redevelopment project, a decision to approve an apartment redevelopment project issued by the Administration of your district), you risk being involved in conflicts with neighbors, representatives of housing and communal services, the operating organization, representatives of various government bodies and committees.

The result of conflicts with authorities may be for you

, with a favorable outcome, initiation of a case as part of an administrative offense, and payment of a fine by decision of the judicial authorities, and in some cases - sealing of the apartment or premises, initiation of legal actions against you, impossibility of making transactions with the property and even termination of the purchase and sale transaction. A company carrying out construction and finishing work or redevelopment work at your site risks losing its SRO permit (if any).

Make the right choice and you will save your time

, and also ensure the safe operation of the apartment for many years.

COST OF PROJECT APPROVAL

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Redevelopment of an apartment in a panel house

Not every home adjustment requires government approval. The following work can be carried out without approval:

1. rearrangement within rooms and bathrooms, if their areas do not change;
2. glazing of balconies and loggias;
3. manipulations with non-load-bearing walls;
4. installing partitions if they are light and do not increase the load on the floor;
5. elimination of vestibules, or their adjustment;
6. installation of interior doors.

If as a result of the work there are changes in the general plan of housing, they must be registered in the BTI, therefore, after the work is carried out, it is necessary to inform the specified organization about them within the established time frame and document the adjustments. If the renovation does not change the housing plan at all, there is no need to notify government agencies.

If redevelopment in a panel house involves changing load-bearing structures, combining rooms, reorganizing communications, the work must be legalized.

Coordination of work

To carry out redevelopment, you must first coordinate it with local authorities - sometimes it is carried out without approval, but then there is a risk that it will not be approved later. This means that you will have to redo everything back, of course, at your own expense. Therefore, it is better to take care of approval in advance, even if the redevelopment fully fits into the previously given list of permitted works.

To get approval, you will need to submit a redevelopment project drawn up by a licensed organization, and it is this that will be agreed upon further. When drawing up a project, you should take into account all the provisions of the legislative acts that regulate this area.

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If the home is part of a house that has historical, cultural or similar value, then the redevelopment will first need to be approved by the authorities involved in the protection of monuments - and this will most likely be very difficult even for far from the most radical redevelopment options.

It is necessary to highlight the works that are not permitted and will not be approved:

• Conducted without the permission of other homeowners or their tenants. And if common property is affected, then consent will be required from other residents who have the right to use it.
• Deteriorating living conditions.
• Threatening load-bearing structures, and therefore the integrity of the structure.
• Conducted in dilapidated buildings that are scheduled to be demolished within three years.
• Combining a kitchen with a gas stove and a living room or bathroom will not be approved.

This may also include other options, including those not foreseen at all - and citizens may have the most exotic ideas in this regard. If redevelopment is refused, if it is clear that it is impossible, it is not reflected in the legislation, but you think that this option is quite suitable, and no satisfactory explanation was given as to the reasons for the refusal, you can try to sue and get permission.

Please note that in all regions, housing inspectorates have standard designs developed for the most common types of buildings in the region. This was done for the convenience of residents, because if redevelopment is carried out according to such a project, then the approval will be much easier and faster - the housing inspectorate will not need to review the project.

In addition, the use of a standard project allows citizens to save on using the services of companies involved in project development. For example, Muscovites can find such standard projects on the website of the Moscow Housing Inspectorate, after which all that remains is to collect documents and obtain permission.

The procedure for approval and reconstruction in stages looks like this:

• First you will need to go to the BTI for a registration certificate.
• After this, a technician is called to confirm that the apartment has not undergone reconstruction or redevelopment.
• A project is ordered or a ready-made standard one is taken.
• Documents are collected and submitted to the housing inspectorate.
• If everything is in order, a permit and a log are issued, which lists the work on the project.
• Reconstruction is underway. It is allotted a year from the date of receipt of the permit, and after the expiration of this period it will become invalid. If the work was started before the end of the year, but did not have time to finish it, then it will be possible to increase it by a month, and then extend it every month if necessary.
• After completion of the work, the selection committee is called, a check is carried out according to the list in the journal, and the acceptance certificate for the completed work is signed.
• The BTI issues a new technical passport reflecting the current state of the home.

Redevelopment of a panel apartment

Once residents have decided on the type of event and are convinced of the need for officially approved reconstruction, they can begin the procedure for approving it and obtaining permission. Redevelopment in a panel house is being considered by several authorities; approval of changes is unlikely to be achieved quickly. There's a long way to go:

1. Collection of necessary documentation

First of all, you need to have on hand papers confirming ownership or the right to legal residence. You will also need documents from the BTI containing the plan of the panel house and its technical characteristics in which the redevelopment is planned. You must have an extract from the house register and personal account information on hand. To write an application, you will need a passport or other document proving the identity of the applicant.

1. Receiving a draft change

The preparation of the project for the redevelopment of a panel apartment is carried out by organizations that provide relevant services. Professionals will plan the redevelopment taking into account their specialized knowledge and work experience. Specialists will be able to offer options for changes, the customer will only have to choose the most suitable project. If you have the desire and opportunity, you can draw up a project yourself, after consulting with specialists.

1. Submitting an application and all related papers to the Housing Inspectorate, coordinating reconstruction in various structures.

The application shall indicate the applicant’s identifying information and his residential address. Redevelopment of an apartment in a panel house is carried out with the consent of all owners and family members of the owner, therefore the written consent of these persons is attached to the application. Depending on the type of work, it is necessary to obtain approval from the gas service, fire supervision, etc.

1. Obtaining permission to carry out events

After studying the documentation by the authorized bodies, the applicant is issued an order authorizing redevelopment. From now on, you can look for a repair team.

Stages of redevelopment

The redevelopment process may consist of the following main stages:

Execution of design work

Before you begin remodeling your apartment, you should determine which walls are load-bearing. The law states that redevelopment of apartments is possible only according to a project developed by specialized organizations.

To develop a redevelopment project, you need to refer to the original design of the entire house. But it is not always possible to find it, since due to repeated reorganizations of design institutions, it can simply get lost.

Therefore, a technical examination of the building structure of the house should be carried out. Currently, legislation allows the use of standard redevelopment projects.

This means that design organizations have developed standard projects in advance for various apartment redevelopment options. Thus, if the customer has chosen one of the options, then the development of a special project is not required.

Obtaining permission for redevelopment

After the redevelopment project is ready and a technical opinion has been given on it, the owner must submit an application to obtain the appropriate permit.

In addition to the application, you must prepare the following documents:

• document of ownership. If the apartment is in municipal ownership, then such a document is a power of attorney, which is issued to the tenant;
• technical documents issued by BTI (technical passport, including apartment plan);
• a single housing document issued by the EIRC.

Consideration of the application, in accordance with the law, can last up to 45 days.

Execution of construction work

If permission is received, construction work can begin. To carry out such work, it is recommended to involve construction organizations that have proven themselves in this market. These organizations must have appropriate permission to carry out such work.

When the redevelopment work is completed, it is necessary to create a commission to accept the completed work. Such a commission may include representatives of the construction organization and the customer, specialists from self-government bodies and construction inspectorates.

The commission checks the quality of the work performed, as well as the degree to which the project requirements are met. If no comments are found, the commission draws up an act of acceptance of the facility for operation.

Re-issuance of a technical passport

To do this, you should contact the BTI, which, based on the documents provided, should issue a new technical passport for the apartment.

Obtaining a cadastral passport

This passport is issued by the cadastral chamber based on the submitted application and relevant documents.

Making changes to the unified Unified State Register database

To do this, you should contact the Federal Reserve System with a cadastral passport. Failure to follow this procedure can lead to serious consequences:

• such an apartment is not subject to privatization, sale, exchange or inheritance;
• a conflict situation may arise with housing organizations, local governments, and neighbors;
• payment of a fine. The fine for unauthorized redevelopment is set at 2,000 to 2,500 rubles.

However, after paying the fine, unauthorized actions should still be legalized, or the original layout should be restored.

Redevelopment of a three-room apartment in a panel house

Old-style houses have specific technical and architectural characteristics. Before carrying out repairs in a panel house, you need to familiarize yourself with the features of a particular type of home. In three-room premises, not only external, but also internal walls can be load-bearing.

Redevelopment of a 3-room apartment in a panel house can begin after clarifying the functions that the walls perform. Load-bearing structures in 3-room housing are prohibited from being deformed, demolished, or moved, since these processes can cause harm to the life and health of neighbors, and deterioration of the functional characteristics of the home. If the wall does not have a load-bearing function, niches and openings for interior doors can be built into it; the wall can be removed and two rooms can be connected into one.

The redevelopment of a three-room apartment in a panel house is carried out taking into account important circumstances: it is forbidden to remove the door threshold at the entrance to the balcony and the window sill area of ​​the outer wall, this is due to the architectural nuances of the house.

What is possible and what is not

Redevelopment of a three-room apartment in a panel house can be carried out at the request of the owner. It is important to remember the permitted and prohibited points during the procedure.

You can carry out any work that is not prohibited in accordance with current legislation. At the same time, it is important to carry out redevelopment, which requires obtaining permission, and not reconstruction.

During redevelopment, the law allows the home owner to carry out work in which:

• the kitchen is moved or expanded due to non-residential premises (storage room, corridor);
• the bath and toilet become larger with mandatory waterproofing of the floor;
• the configurations of partitions separating rooms and premises have been changed;
• the window sill block is dismantled, and a window is installed between the loggias;
• the load-bearing wall will be equipped with a new doorway;
• the floor design is modified;
• plumbing fixtures change their location;
• a kitchen with an electric stove is combined with other rooms when the partition is dismantled;
• heating systems are transferred to other walls;
• instead of gas stoves, electric stoves are installed;
• neighboring rooms on the staircase are combined, after which a 2, 3 or 4-room apartment is obtained;
• A balcony is being installed in the apartment on the first floor.

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They also highlight what is strictly forbidden to do during redevelopment in a panel house. The list of such works is specified in the first appendix of paragraph 11 of the Decree of the Government of the Russian Federation No. 508.

It is worth remembering that during redevelopment you cannot:

• worsen the conditions of other citizens who live in this premises or are neighbors of the owner (relocation, covering of risers, preventing access to them);
• violate the load-bearing structures of the building (dismantle load-bearing walls, make openings in them without permission);
• cut into public communications and disconnect them;
• dismantle or change the ventilation ducts in the house;
• increase the load on the floors by pouring screed or changing material;
• transfer the heating system to the balcony or loggia;
• create warm floors that are heated by the general heating system;
• violate the integrity of the columns;
• install grooves in load-bearing walls;
• create new loggias on any of the 9 floors, except the first;
• redesign the technical floor, attic;
• combine a gasified kitchen and room;
• create openings in the walls between the kitchen and the room without a door;
• damage walls without the appropriate permit.

Sample application for redevelopment of residential premises:

Redevelopment in a panel Khrushchev building

Any reconstruction is possible only within the limits permitted by law, taking into account the characteristics of a particular type of house. The weak point in the Khrushchev-era apartment is the toilet and bathroom; these areas are narrow and small, so there is no need to talk about their comfortable use. Redevelopment in a panel Khrushchev usually affects the bathroom and toilet and involves combining them into one zone.

This technique significantly increases the area of ​​the “wet zone”. When carrying out work in a Khrushchev-era building, you need to remember the rules of the law: you cannot expand the space of the bathroom and toilet at the expense of the area of ​​zones intended for the residence of citizens; only non-residential areas are allowed to be used.

Typical apartment redevelopment options

To ensure that apartment renovation does not cause conflicts not only with neighbors, but also with the authorities, a catalog has been developed with clear examples of authorized redevelopment of apartments in mass-produced residential buildings.

In addition, the document defines unacceptable types of redevelopment, including: When compiling the catalog, existing design, technological and sanitary-hygienic restrictions were taken into account.

• dismantling ventilation ducts,
• relocation of utility risers,
• demolition of load-bearing walls of premises,
• expansion of bathrooms due to the area of ​​the kitchen or room,
• construction of openings in load-bearing walls (in the absence of a thorough examination, justification for reconstruction and engineering calculations).

Most of the redevelopments in the catalog provide for an increase in bathrooms due to the corridor area, which, in turn, requires the development of a project. The project must be carried out on the basis of a technical opinion. So, without an inspection of the apartment by a specialist from the Moscow Housing Inspectorate, it is impossible to develop a project.

The options proposed in the catalog do not allow the load-bearing and external walls of the building to be affected. The exception is some modifications of houses of the P44T and P44M standard series, in which, starting from 2007, openings are provided in the load-bearing walls (in Moscow, redevelopment of apartments is carried out depending on the specific series of the house).

The catalog does not give the right to carry out redevelopment, but only represents options that can be legalized by contacting the Moscow Housing Inspectorate, obtaining permission and starting work.

When remodeling and rebuilding there are always nuances. Some options are only permissible on the top floors of a residential building, and some only on the first floors.

Redevelopment of a two-room apartment in a panel house

In panel houses, if they were built later than 2007, it is prohibited to carry out any actions with load-bearing walls; such actions pose a danger to the integrity of the house and the safety of people. It is possible to enlarge the kitchen due to the territory used for the loggia; such projects for Khrushchev-era apartment buildings are most in demand.

In the areas under consideration, there is often a fairly wide storage room next to the bedroom. Redevelopment of a two-room apartment in a panel house allows for the combination of a living room and a storage room, due to which the living space is significantly increased. In a two-room room you can combine the bathroom and toilet into one area

There are many options for updating living space; as a result of high-quality redevelopment, the area can be significantly transformed, becoming cozy and convenient for residents. However, when improving housing, we must not forget about the rights and interests, and most importantly, the safety of other citizens.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

Useful information on housing disputes

• Illegal redevelopment
• Reconstruction and redevelopment of residential premises
• Obtaining permission to redevelop an apartment
• Law on redevelopment of apartments
• Redevelopment in a panel house
• Redevelopment of non-residential premises
• Preparation of documents for apartment redevelopment
• Legalization of apartment redevelopment
• Coordination of apartment redevelopment
• How to convert non-residential premises into residential ones
• The procedure for transferring residential premises to non-residential premises

What is allowed and what is prohibited to change

A distinctive feature of brick houses is that they have much fewer load-bearing walls, unlike panel ones. Most often, the load-bearing walls are, naturally, the external walls, as well as several inside the apartment.

Load-bearing walls may not necessarily be walls, but also columns, changes to which are strictly prohibited. Otherwise, the building may collapse or the house will be declared unsafe and unfit for habitation.

During renovation work on redevelopment in a brick house, it is prohibited:

• Combine a balcony or loggia with any living space, thereby completely destroying part of the outer wall. In such a case, you can make changes only to the window sill and install sliding partitions.
• Include ventilation and plumbing systems during redevelopment.

If we do not take into account all the above restrictions, then we can say that it is brick houses that provide such a wide range of possible changes. So, you can easily expand the bath and toilet by adding part of the corridor

. The same can easily be done with the living room. Thus, you can increase the area of ​​almost any room.

When performing redevelopment, very often they replace walls that are not load-bearing with sliding partitions, thereby playing with space and expanding or moving openings.

You can make a large dining room from the kitchen and living room by removing the wall between them. If you plan to make a studio apartment, then it is important to consider that in any case there should be one room with natural light and an area of ​​more than nine meters, which will be isolated from the others.

Combining the kitchen and living room is possible only in those houses that are not connected to gas supply. Otherwise, it is prohibited to legally combine a kitchen with a gas stove with a living space

. In such houses, the only solution for those who want to increase the kitchen area is to attach a non-residential space to it, for example, part of a corridor.

Sample application for redevelopment of residential premises: